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Defendants.

1 DOUGLAS J. FARMER, CA Bar No. 139646douglas. farmer<mogt~r~edeakins.com

2 OGLETREE, D'EAKINS, NASH,SMOAK & STEWART,P.C.

3 Steuart Towerf Suite 1300One Market P aza

4 San Francisco, California 94105Telephone: (415) 442-4810

5 Facsimile: (415) 442-4870

6 BETSY JOHNSON, CABarNo. 119847bet~yJohnson<mogletreedeakins.com

7 TRUe T. NGUYEN, CA Bar No. 257262truc.~y~n(a),ogletreedeakins.com

8 OGL REb,DEAKINS, NASH, SMOAK & STEWART, P.C.400 South Hope Street, Suite 1200

9 Los Angeles, CA 90071Telephone: 213.239.9800

10 Facsimile: 213.239.9045

11 Attorneys for DefendantSCHNEIDER LOGISTICS, INC. AND SCHNEIDER

12 LOGISTICS TRANSLOADING AND DISTRIBUTION,INC.

14UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

Case No. CV 11-08557 CAS (DTBx)

DECLARATION OF MARK HEDGESIN SUPPORT OF DEFENDANTSCHNEIDER LOGISTIC'S INC. ANDSCHNEIDER LOGISTICSTRANSLOADING ANDDISTRIBUTION, INC.'SOPPOSITION TO PLAINTIFFS'MOTION FOR PRELIMINARYINJUNCTION ENJOININGRETALIATORY MASSTERMINATION AND FORPROVISIONAL CLASSCERTIFICATION

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16EVERARDO CARRILLO;

17 FERNANDO CHAVEZ; ERICFLORES; JOSE MARTINEZ ARCEO;

18 BALTAZAR ZAVALA; AND JUANCHAVEZ, FOR THEMSELVES AND

19 ALL OTHERS SIMILARLYSITUATED AND THE GENERAL

20 PUBLIC,Plaintiffs,

21 v.22 SCHNEIDER LOGISTICS, INC.;

SCHNEIDER LOGISTICS23 TRANSLOADING AND

DISTRIBUTION, INC.; PREMIER24 WAREHOUSING VENTURES, LLC;

ROGERS-PREMIER UNLOADING25 SERVICES LLC; IMPACT

LOGISTICS, INC., AND DOES 1-15,2627

28 SCHNEIDER LOGISTICSTRANSLOADING AND

Complaint Filed: October 17,2011Trial Date: None SetJudge: Hon. Christina A.

Snyder, Presiding

DECLARATION OF MARK HEDGES

Case 2:11-cv-08557-CAS-DTB Document 133-4 Filed 01/03/12 Page 1 of 4 Page ID #:1938

DISTRIBUTION, INC.

2 Cross-Plaintiff,

3 . v.PREMIER WAREHOUSING

4 VENTURES, LLC; ROGERS-PREMIER UNLOADING SERVICES,

5LLC; AND IMPACT LOGISTICS,6 INC.

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Cross-Defendants.

DECLARATION OF MARK HEDGES

I, Mark Hedges, declare and state as follows:

1. I am employed by Schneider Logistics Transloading and Distribution,

12 Inc. ("SLTD"), a wholly owned subsidiary of Schneider Logistics, Inc ("SLI"). I

13 have held the position of Assistant General Manager since October 2010. I work at

14 the warehousing facility located in Mira Loma, California that is the subject of this

15 action ("Mira Loma warehouse facility"). I am located in Building 1 of the Mira

16 Loma warehouse facility. I have personal knowledge of the matters contained herein,

17 and if called, would and could testify competently thereto.18 As Assistant General Manager, I am the senior who oversees the overall2.

19 SLTD operations at the Mira Loma warehouse facility. I report to Vince Redgrave,

20 the General Manager, and fill in for him in his absence.21 3. On or about October 19,2011, I conducted a meeting with SLID

22 employees in Building 1 in the front break room by the security office. As I recall,

23 the break room was filled with SLTD employees and I estimate there were

24 approximately 70 employees present at the meeting. Besides myself and the SLTD

25 employees in the building, present at this meeting were Vince Davis, Operations

26 Manager from Building 1 and Cynthia Gonzalez, Human Resources Business

27 Partner.

28 Before the meeting, I met with Mr. Redgrave to go over the main

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4.

DECLARA nON OF MARK HEDGES

Case 2:11-cv-08557-CAS-DTB Document 133-4 Filed 01/03/12 Page 2 of 4 Page ID #:1939

1 talking points of the meeting. Our plan was to be brief and to the point.

2 5. The purpose of the October 19 meeting was informational. I discussed

3 three main points at the meeting. As I recall, I informed the employees that the

4 California Division of Labor Standards Enforcement ("DLSE") had cited Impact for

5 improper record keeping and iterated that SLTD was not under investigation. I also

6 informed the employees that SLTD was named in the current action, but that we

7 were confident that SLTD had not violated any California labor laws. Finally, I

8 addressed a safety concern regarding a recent incident where the Warehouse

9 Workers United's ("WWU") presence at 5:00 AM at Mira Lorna warehouse

10 facility's driveway entrance caused a traffic jam. I asked the employees to be careful

11 when entering the parking lot because it was dark and they might not be able to see

12 those from the WWU. I explained that SLTD would ensure the safety of the

13 employees moving to and from the premises. The meeting lasted approximately 7 to

14 10 minutes.

15 6. At no time during the meeting did I make any statements to SLTD

16 employees that could be viewed or construed as threatening. In particular, I never

17 made the statement that "any worker who supports what is going on out there is

18 going to be destroyed like a crumpled piece of paper and thrown away" or "we're

19 going to destroy you and throw you in the trash if you get involved" or words to that

20 effect. Further, I never used a threatening tone of voice.

21 7. In addition, I never made a gesture with my hands like I was crumpling

22 a piece of paper and throwing it on the floor or gestures to that effect

23 8. Because I have only been at the Mira Lorna warehouse facility for about

24 a year, I am not acquainted with all the SLTD employees at the Mira Lorna

25 warehouse facility. At the time of the meetings, I did not know who the individuals,

26 Franklin Quezada and Victor Ramirez, were and would not have been able to

27 identify them from the crowd.

28 III

2DECLARATION OF MARK HEDGES

Case 2:11-cv-08557-CAS-DTB Document 133-4 Filed 01/03/12 Page 3 of 4 Page ID #:1940

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DECLARATION OF MARK HEDGES

I declare under penalty of perjury under the laws of the state of California that

2 the foregoing is true and correct, and that this Declaration is executed on the 29th

3 day of December 2011, at Mira Lorna, California.

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Case 2:11-cv-08557-CAS-DTB Document 133-4 Filed 01/03/12 Page 4 of 4 Page ID #:1941